APPELLATE COURT OF ILLINOIS, THIRD DISTRICT
Dennis Penn et al., Defendants-Appellees)
531 N.E.2d 162, 176 Ill. App. 3d 456, 126 Ill. Dec. 29 1988.IL.1710
Appeal from the Circuit Court of Rock Island County; the Hon. David DeDoncker, Judge, presiding.
JUSTICE SCOTT delivered the opinion of the court. BARRY, J., concurs. JUSTICE HEIPLE, Dissenting.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SCOTT
The People of the State of Illinois on February 24, 1987, filed a petition in the circuit court of Rock Island County which alleged that D.P., a minor, was an abused child and that the child's environment was injurious to her well-being. The petition was filed pursuant to the Juvenile Court Act (Ill. Rev. Stat. 1985, ch. 37, par 701-4).
An adjudicatory hearing was had and the petition was dismissed on the ground that there was no corroborative evidence of D.P.'s statement that she was abused by her father. From this dismissal the State appeals.
There is no argument presented in this appeal that D.P. was not sexually abused. On the contrary, the court was presented with uncontradicted and unimpeached testimony from a doctor that the minor had been sexually abused.
D.P., the minor, approximately 2 1/2 years of age, was being taken care of by an aunt because her mother was in the hospital. D.P. complained to her aunt of having a soreness in the vaginal area. After the mother was released from the hospital, D.P. made the same complaint to her mother and aunt and told them that Daddy had done it. The aunt would later inform a doctor that D.P. had informed her and the child's mother that the father (defendant) had digitally penetrated her vagina and had some oral genital contact. Medical testimony established that D.P.'s hymen was in appearance not normal.
The Department of Children and Family Services , the sheriff's department and two doctors were contacted by D.P.'s aunt or mother or both of them. These departments and individuals were all informed of D.P.'s statements to the effect that her father's actions had caused the vaginal soreness. The mother of D.P. would, prior to the hearing on the petition filed in the circuit court, change her mind as to her husband's culpability and conclude that he had not done anything to D.P.
The defendant father was interviewed by a representative of DCFS, the sheriff's department and a doctor. The defendant father steadfastly and adamantly denied the ...